ARSD 67:48:01:06. Administrative hearing to determine whether intentional program violation occurred

If the individual suspected of having committed an IPV chooses not to sign a waiver, the department shall hold an administrative hearing to determine whether an IPV occurred. An IPV hearing is held according to the provisions of SDCL chapter 1-26 and ARSD chapter 67:17:02, unless otherwise specified in this chapter. The hearing examiner shall base the determination of an intentional program violation on clear and convincing evidence that demonstrates that the individual committed and intended to commit an intentional program violation.